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March 27, 2024

PR Legal re-ranked at The Legal 500

We are deeply proud and pleased to announce that PR Legal has been re-ranked by The Legal 500 EMEA 2024 as one of the leading offices in Serbia in the field of Employment Law. What has notably contributed to the abovesaid ranking on this prestigious list is the successful advising of the clients with regards to the structuring and implementation of various projects which, among other things, include significant changes concerning the organizational units and workplaces, as well as general acts, employment agreements and other documentation in relation thereto. Some of our clients’ testimonials: "The legal team is highly educated,...

March 20, 2024

Open Balkan: Unified labor market of Serbia, North Macedonia and Albania launched on March 1

As we wrote in one of our previous texts (available here), at the summit of the Open Balkan initiative held in Tirana on December 21, 2021, a series of agreements were signed between Serbia, North Macedonia and Albania. One of them is the Agreement on Conditions for Free Access to the Labor Market in the Western Balkans, which was subsequently ratified and published in the Official Gazette of the Republic of Serbia – International Treaties no. 27/2021 of December 30, 2021 („the Agreement“). Citizens of the contracting parties have the right to freely move, reside and work within territories of...

March 13, 2024

Changes in the Internal Organization and Job Classification in the Process of Resolving Redundant Employees – When Must the Rulebook Enter into Force?

In Decision Rev2 987/22 dated May 12, 2022, the Supreme Court of Cassation (now the Supreme Court) took the position that an employee's employment can be terminated due to redundancy even before the rulebook on internal organization and job classification, which introduced organizational changes at the employer, comes into force, or before its implementation begins. The reasoning in the subject decision states, among other things, that this position was taken because the basis for issuing the termination decision in the specific case was not the regulation (on organization and job classification) but rather the decision was made as part of...

March 06, 2024

Constitutional Court: Principle of Equality and Prohibition of Discrimination in Calculating Salary Compensation for Maternity Leave and Leave for Childcare

By Decision no. IUz 60/2021 dated January 18, 2024, published in the Official Gazette of RS no. 11/2024 dated February 14, 2024 (“Decision”), it was established that, due to the violation of the constitutionally guaranteed prohibition of discrimination, the provision of Article 13, paragraph 1 of the Law on Financial Support to Families with Children (Official Gazette of RS no. 113/17, 50/18, 46/21 - Decision of the CC, 51/21 - Decision of the CC, 53/21 - Decision of the CC, 66/21, 130/21, 43/23 - Decision of the CC, and 62/23), which regulates the basis for salary, i.e., wage compensation for...

February 29, 2024

Breaking News: Legalink Launches Labour & Employment Directory

We are thrilled to announce a significant milestone achieved by the global Legalink network, of which PR Legal proudly stands as a member! Legalink has recently unveiled its highly anticipated Labour & Employment Directory, marking a pivotal moment in the realm of international legal expertise. This innovative resource serves as a guiding light, highlighting the unmatched expertise of practitioners in the field. Featuring 37 member firms, the experts within the network specializing in employment law are ready to contribute to the transformation of the global employment law landscape. Guided by the expertise of Labour & Employment Group leaders, including our...

February 27, 2024

The Constitutional Court: Lawsuit for Payment of Mandatory Social Insurance Contributions Does Become Time-barred

The practice of the courts of the Republic of Serbia regarding an employee's right to claim payment of contributions for mandatory social security by an employer in the court proceeding has been inconsistent in the previous period. Namely, the following standings could be encountered in previous judicial practice: deciding on this matter does not fall within the jurisdiction of the court, but is subject to an administrative (tax) proceeding, i.e., before the competent administrative (tax) authority, i.e., according to the provisions of the Law on Tax Procedure and Tax Administration (“LTPTA”), since the contribution represent public revenue; accordingly, such lawsuit...

February 22, 2024

Regulation of the Status of Foreigners in Serbia from now on Only Electronically

In the Official Gazette of the Republic of Serbia no. 6/2024 from January 26, 2024, the following by-laws have been published: Rulebook on Issuing a Unified Permit for Temporary Residence and Work of a Foreigner; Rulebook on Approval of Temporary Residence; and Rulebook on Electronic Submission of a Request for Permanent Residence. The aforesaid rulebooks on the issuance of a unified permit for temporary residence and work of foreigners, and on the approval of a temporary residence came into force on February 1, 2024, while the rulebook governing the electronic submission of a request for permanent residence became effective on...

February 20, 2024

Reasons and Deadline for Challenging an Annex to the Employment Contract

The Labor Law (Official Gazette of RS no. 24/2005, 61/2005, 54/2009, 32/2013, 75/2014, 13/2017 - decision of the CC, 113/2017, and 95/2018 - authentic interpretation) („the LL“) prescribes the grounds, i.e., situations in which an employer can offer an employee a change of the agreed working conditions (i.e., conclusion of an annex to the employment contract), as well as the procedure that needs to be followed in this respect. Regardless of the outcome of the respective procedure, the LL stipulates that the employee shall retain the right to challenge the legality of the annex in a court proceeding, namely: in...

February 09, 2024

Are Questions on a Test Considered Personal Data?

In German case law the stance was taken recently that questions on a test undertaken by a specific individual do not constitute personal data within the meaning of the General Data Protection Regulation (“GDPR”). The court's position is that these questions, therefore, should not be included in the copy of data issued or provided in accordance with Article 15(3) of the GDPR (right to access to personal data undergoing processing). Factual background A candidate took an entrance exam at a university for admission to medical studies. After the test, he sent an email to the university's competent authority requesting a...

January 31, 2024

Exploring Global Legal Horizons: Introducing Legalink Spotlight

Starting from January edition, the monthly newsletter of our law firm, Legal PRess, will feature a special section called Legalink Spotlight. Our firm has been a proud member of the international network of independent law firms, Legalink, for several years. Legalink brings together leading law firms from major global business centers, enabling our firm to provide legal assistance and support to clients across various jurisdictions and business segments in a swift and efficient manner. Legalink is more than just a network; it's a community of professionals with deep personal connections, perfectly reflecting the network's motto: International But Personal. In the...

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